City of Richmond
Sole Source Justification
THIS FORM MUST BE COMPLETED AND APPROVED PRIOR TO ANY PURCHASE Contact the Purchasing Division and discuss your rationale before completing this form. If Purchasing can help you make this a competitive purchase, then this form will not be required.
Attach this completed/approved form to requisitions when competitive quotes/bids/proposals are not solicited. (Required for requisitions > $3,000)
Requested Sole Source Supplier:
Company Name: Larry Walker & Associates _ Contact Name: Denise Conners Address: 2397 Shattuck Ave
City: Berkeley State: CA Zip Code: 94704
Phone Number (510) 883-9873 E-Mail [email protected]
Duration of Contract: July 1, 2023- June 30, 2028
Estimated Cost: $ 750,000 Funding Source (Account String) 40322731-400202 Is the product/service IT related? Yes No X - If Yes, please attach the approved IT Authorization Form For Product: Is the recommended company the manufacturer of the product? Yes No x For Product: Does the manufacturer sell the items) through distributors? Yes No x Description of Product or Service:
Describe the full scope of work or service contemplated including installation if required; items should include brand, model and part number if applicable; (if additional space is needed, include them in a separate page) Purchase of services agreement to assist the City in meeting the requirements regarding the renewal of the National Pollutant Discharge Elimination System (NPDES) Permit along the conditions specified in the current NPDES Permit. Support Services for the Environmental Compliance Program regarding inspections, technical report writing/review and regulatory updates.
Sole Source Rationale: PLEASE ANSWER ALL THE FOLLOWING QUESTIONS: Explain why the recommended company is the only company that can meet the requirement. Address the following: Are there any other companies who can do this job? What condition (e.g. technological superiority, or performance risks, etc.) exists so that the recommended company has a significant advantage over any other company who can do this job? It is important to sufficiently address the key reason for awarding an order/contract without soliciting competitive bids. The rational must be clear and convincing, avoiding generalities and unsupported conclusions.
Larry Walker & Associates have detailed knowledge of the NDES permit, since they (previously) assisted the West County Agency, West County Wastewater District with the permit renewal process. They were awarded the contract in June 2023 to work with the West County Wastewater District to renew the NPDES permit, of which the City of Richmond is a co-permittee.
The West County Agency is a Joint Powers Agreement (see attached copy of PDES Permit front page). The members are West County Wastewater District and the City of Richmond. The NDES permit requires specific milestones to be met for the West County Agency, the City of Richmond and the West County Wastewater District. Since Larry Walker Associates is familiar with the requirements, it's reasonable that they would provide continued support for the City and West County Wastewater District.
Also, the City of Richmond's Environmental Compliance Program is woefully understaffed. As such, Larry Walker & Associates is qualified to provide support services for inspections for the industrial and stormwater dischargers for the Clty of Richmond. (if additional space is needed, include them in a separate page) Page | 1 • Sole Source Form - Rev. May 12, 2016
Complete the following checklist
A specific contractor is the only source of the required item because (check all that apply):
The required items are proprietary to the Contractor, and contractor solely transacts (sells) direct to the customer. (There are no dealers or distributors for contractor).
The required items are proprietary to the Contractor, and contractor does not sell direct to the customer. Contractor solely distributes the item or service through only one dealer or distributor in the United States. (There are no dealers or distributors for contractor).
Note: If item or service is available from more than one source, the item or service may be treated as proprietary, but must be competitively solicited from multiple (two or more sources.
A specific item is needed:
To be compatible or interchangeable with existing hardware As spare or replacement hardware For the repair or modification of existing hardware Federal or state grant names vendor as condition of funding. (Attach copy of grant that names vendor)
There is a substantial risk in contracting with any other contractor, (e.g., only one contractor has been • Continuation of prior Work - Additional item, service or work required, but not known to have been needed when the original order was placed with vendor, and it is not feasible or practicable to contract separately for the additional need. Provide brief explanation and supporting evidence.
Larry Walker and Associates had a contract for the current NDPES permit cycle. It expired 12/31/2022. It was the City's intent to amend the contract for time until a new contract could be issued. The City would prefer to issue a new contract to continue working with Larry Walker and Associates. To find another consultant with the background and knowledge regarding the City's NDES permit would be cost and time prohibitive. Also, they are the selected contractor for the West County Wastewater District (Richmond's NPDES co-permittee).
It's simply more practical to work with the same vendor so the interest of both Districts are best served.
Two council members are on the board of the West County Agency and have already approved the joint-contract with Larry Walker & Associates for the 2023-2028 permit cycle. (if additional space is needed, include them in a separate page) 2 Page
I acknowledge the City's requirements for soliciting competitive quotes/bids for purchases over $3,000.00 and the criteria for justification for Sole Source purchases. I have gathered the required information, have made a concerted effort to review comparable/equal equipment/services (e.g., market research), and further affirm that there is no conflict of interest involved in the selection made.
Department: Public Works
Requester Name and Title: Mary Phelps, Project Manager
Note: Requester must be able to defend this justification.
Date: 06/28/2023 Phone: 621-126
Department Director (Print) Daniel Chavarria (Sign) Y _ Date: 6/28/2023 Submit completed form to the Purchasing Division (Prior to submission to City Manager) Finance Director:
APPROVED: Malik DATE: 6/2923
NOT APPROVED: COMMENTS:
City Manager City Clerk Attesting to Council Approval
(Under $10,000.00) (Over $10,000.00) (Copy of Minutes may be substituted) Note: Richmond Municipal Code Section 2.52.326 Sole Source Procurement requires final approval by the City Manager and/or City Council. Sole Source must be approved by Finance Director, PRIOR to Council Approval.
PROCEDURE
Sole Source purchase/service are exceptions to the normal bidding process and require a detailed justification. In processing Sole Source requests for supplies, services and/or equipment, the Purchasing Division adheres to and is governed by the principles set forth in City of Richmond Municipal Code Section 2.52.326 Sole Source Procurement.
If you are requesting a particular vendor, brand or product, you must make this fact clear on your Sole Source form.
Your request will then be restrictive and non-competitive, and will fall into a sole source category. If the sole source justification is approved, the requisition can be expedited without the normal bidding requirements.
Such a request should not be made unless you are confident that your request is reasonable and appropriately justified to meet the City's requirements and withstand any possible audit. The City's requirements and the format for submitting such requests are contained herein. Sole Source form must be signed by authorized department representative(s). The certification will remain on file for audit purposes.
The following factors DO NOT apply to sole source requests and should not be included in your sole source justification. They will not be considered and only tend to confuse the evaluation process.
1. Personal preference for product or vendor.
2. Cost, vendor performance, and local service (these are generally considered award factors in competitive bidding).
3. Features which exceed the minimum department requirements. 3 | Page
GAVIN NEWSON
GOVERNOR
CALIFORNIA JARED BLUMENFELD
ELVIRONMENTAL PHOSECHION
Water Boards
San Francisco Bay Regional Water Quality Control Board
ORDER No. R2-2019-0003
NDES No. CA0038539
The following Dischargers are subject to waste discharge requirements (WDRs) set forth in this Order:
Table 1. Discharger Information
WDID 2 071037001
City of Richmond and
Dischargers West County Agency West County Wastewater Richmond Municipal District
Sewer District
Richmond Municipal
West County Wastewater Sewer District Water
Facility Names West County Agency District Treatment Plant Pollution Control Plant Common Outfall and its Wastewater
and its Wastewater
Collection System Collection System
2910 Hilltop Drive 2377 Garden Tract Road 601 Canal Boulevard Treatment Plant Richmond, CA 94806 Richmond, CA 94801 Richmond, CA 94804 Addresses Contra Costa County Contra Costa County Contra Costa County CIWOS Place Numbers 215234 272082 252657
Table 2. Discharge Location
Discharge Effluent Discharge Point Discharge Point Receiving Point Description Latitude Longitude Water
Secondary Treated
001 Municipal 37.913056° -122.418333° Central San Francisco Bay Wastewater
Table 3. Administrative Information
This Order was adopted on: February 13, 2019
This Order shall become effective on: April 1, 2019
This Order shall expire on: March 31, 2024
CIWQS Regulatory Measure Number 428795
The Dischargers shall file a Report of Waste Discharge for updated WDRs in ccordance with California Code of Regulations, title 23, and as an application fo eissuance of a National Pollutant Discharge Elimination System (NPDES) permi May 1, 2023 no later than:
The U.S. Environmental Protection Agency (U.S. EPA) and the California Regional Water Quality Control Board, San Francisco Bay Region, have classified Major this discharge as follows: